Agmt10 Recology San Mateo County

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• • 4085 ARTICLE 14 DEFAULT AND REMEDIES 4086 14.01 EVENTS OF DEFAULT. 4087 Each of the following shall constitute an event of default ( "Contractor default "): 4088 A. Contractor fails to perform its obligations under Article 5, 6 or 7 of this Agreement 4089 and its failure to perform is not cured within ten (10) Business Days after written 4090 notice from Agency. 4091 B. Contractor fails to perform its obligations under any other Article of this Agreement 4092 and its failure to perform is not cured within ten (10) Days after written notice from 4093 Agency, provided that if the nature of the failure is such that it will reasonably 4094 require more than ten (10) Days to cure, Contractor shall not be in default so long 4095 as it promptly commences the cure and diligently proceeds to completion of the 4096 cure, and provided further that neither notice nor opportunity to cure applies to 4097 events described in subsections C through H. 4098 C. Contractor ceases to provide Collection and transportation services for a period of 4099 two (2) Business Days for any reason within the Contractor's control, including labor 4100 unrest such as strike, work stoppage or slowdown, sickout, picketing, or other 4101 concerted job action by Contractor's employees. 4102 D. Contractor files a voluntary petition for relief under any bankruptcy, insolvency or 4103 similar law. 4104 E. An involuntary petition is brought against Contractor under any bankruptcy, 4105 insolvency or similar law which remains un- dismissed or un- stayed for ninety (90) 4106 Days. 4107 F. Contractor fails to furnish a replacement bond or a continuation certificate of the 4108 existing bond not less than ten (10) Days before expiration of the performance 4109 bond, as required by Section 13.03 or fails to maintain all required insurance 4110 coverage in force. 4111 G. Contractor fails to provide reasonable assurance of performance when required 4112 under Section 14.10. 4113 H. A representation or warranty contained in Article 2 proves to be false or misleading 4114 in a material respect as of the date such representation or warranty was made. 4115 14.02 RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. 4116 A. Upon any Contractor default, Agency may terminate this Agreement or suspend it, in 4117 whole or in part. Such suspension or termination shall be effective thirty (30) Days 4118 after Agency has given notice of suspension or termination to Contractor, except that 4119 such notice may be effective in a shorter period of time, or immediately, if the 4120 Contractor default is one which endangers the health, welfare or safety of the public, 4121 such as the failure to collect Solid Waste, Recyclable Materials, or Organic Materials 4122 for the period of time specified in Section 14.01.C. Notice may be given orally in 4123 person or by telephone to the representative of Contractor designated in or under Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 102 of 115